Agenda 06/10/2014 Item #16A14 6/10/2014 16.A.14.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$143,600 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Scott A. Lamp,Code Enforcement Board Case No.CESD2007110819, relating to
property located at 1000 Barefoot Williams Road,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of$143,600.00 for payment of$450.00, in relation
to Code Enforcement Board Case No. CESD2007110819.
CONSIDERATIONS: As a result of a code violation at 1000 Barefoot Williams Road,
consisting of an unlawful conversion of a barn into living space, the Code Enforcement Board
ordered the imposition of a lien against Scott A. Lamp, in Case No. CESD2007110819. The lien
was recorded in the Official Public Records on June 11, 2010, at O.R. Book 4575, Page 3016,
and a duplicate lien was recorded on July 7, 2010, at O.R. Book 4583,Page 2805. The lien (and
duplicate lien) encumbers all real and personal property owned by Scott A. Lamp. The lien
amount of$143,600.00 is based on accrued fines of$143,600.00 (1,436 days at $100 per day
from May 19, 2010 through April 23, 2014). Operational costs of$88.43 have already been
paid.
Mr. Lamp sold the property on March 24, 2014 to Mr. Erik Papenfuss. Mr. Papenfuss abated the
violation by demolishing the offending structure on April 23, 2014.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a
code enforcement lien encumbers property that is under new ownership, the new owner has
diligently pursued abatement, and compliance has been achieved within 30 days. In this case,
the new owner abated the violation within 30 days of taking title. The property is being actively
maintained and the owner has paid $450.00 in fines to settle this matter. The new owner is
requesting a waiver of$143,150.00 in accrued fines.
FISCAL IMPACT: Payment of $450.00 in fines has been made to settle this matter.
Operational costs ($88.43)were paid prior to lien imposition. If approved by the Board, accrued
fines in the amount of$143,150.00 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board's policy contained in Resolution 2012-46. —KN
RECOMMENDATION: That the Board waive the fines in the amount of$143,150.00, accept
payment of$450.00, release the lien and duplicate lien, and authorize the Chairman to sign the
attached lien release for recording in the Official Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division,Planning and Regulation
Attachments: 1)Release and satisfaction of liens
2)Lien orders
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6/10/2014 16.A.14.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.14.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$143,600 for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Scott A. Lamp, Code Enforcement Board Case No.
CESD2007110819, relating to property located at 1000 Barefoot Williams Road, Collier County,
Florida.
Meeting Date: 6/10/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
5/13/2014 2:55:45 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 5/13/2014 3:44:59 PM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/16/2014 2:40:25 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 5/19/2014 11:09:00 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/28/2014 7:50:51 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 5/28/2014 9:22:31 AM
Name: KlatzkowJeff
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6/10/2014 16.A.14.
Title: County Attorney,
Date: 5/28/2014 3:37:24 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/29/2014 1:52:57 PM
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6/10/2014 16.A.14.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIENS
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien against all real and personal property owned by:
Scott A. Lamp
Respondent
The lien was first recorded on June 11, 2010, in Official Records Book 4575, Page
3016, and a duplicate lien was recorded on July 7, 2010, in Official Records Book 4583,
Page 2805, in the Official Records of Collier County, State of Florida. The lien and
duplicate lien secure the principal sum of nine hundred dollars and no cents ($900.00),
plus accrued interest and penalties, if any, and impose certain obligations against real
property situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Liens, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the liens and hereby cancels and releases said liens.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Liens in the Official Records of Collier County, Florida, to acknowledge that the liens
cease to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
7
Kevin NoeII
Assistant County Attorney
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. ' INSTR 4440865 OR 4575 PG 3016 RECORDED 6/11/2010 2:45 PM PAGES 2 6/10/2014 16.A.14.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
.rte
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, 2007110819
vs.
SCOTT A.LAMP,
Respondent
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before Board on May 28,20079,after due notice to -
Respondent at which time the Board heard testi ••. •• .. ; d evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issue . . .. ..... . .... ....•• • • . ced to writing on June 3,2009 and
furnished to Respondent and was recor e Ua ''•lic Records of • r f ty.Florida at OR 4460,PG 2924,
et.seq.on June 10,2009.
An Affidavit of Non-Comp1' nee .• 1' etr sled ' th`eBo rd by . Co a Enforcement Official on
October 26,2009,which Affidavit certifi d o, •---t • .1}• • ••'ve a tion has not been taken as
■ordered. 1
Accordingly,it having beer 157ob t .' on \ •• sp.irde ts have not complied with the
Order dated June 3,2009,it is hereby!\ ,�+r j
-' /.:7:
ORDERED,that the Respon ' Stcott A.Lamp,pay to r o,t}mmt�3s r es in the amount of $900(Order
Item 2)at a rate of$100/day for the pet` ay 19,2010 through 1L (9 days). The operational costs
have been paid. (J f
L' .
IT IS FURTHER ORDERED that the t
PI
IT shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this,9"n day ofQ\xVV ,..,..3,. ,2010 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY:��Kenne keily,Chair
2800 North Horseshoe Drive
Naples,Florida 34104
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OR 4575 PG 3017 *** 6/10/2014 16.A.14.
........
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 7 day of ,2010,by
Q .._
Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,wh is personally
laiown to me or who has • •d . Florida Driver's License as identification.
1— r.., KRIs72:1F.2-.:. Lot..lerz,a5
.i.5.':A ISC‘ t-::12 2011 NOTARY PUBLIC
My commission expires:
1,...................... CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Scott A.
Lamp, 1000 Barefoot Williams Road,Naples FL 34113 this g*-7(3 day of n,,,,,,,__ ,2010.
w,R. C ,.• 44,01 ,
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1/4.) Florida B.. No.750311
ey fo e eldeEnforcement Board
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INSTR 4450021 OR 4583 PG 2805 RECORDED 7/7/2010 11:33 AM PAGES 2 6/10/2014 16.A.14.
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD2007 1 1 08 1 9
vs.
SCOTT A.LAMP,
Respondent
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before ee Board on May 28,2009,after due notice to
Respondent at which time the Board heard testimo r . � • -' ed evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issuedist i = ••N ced to writing on June 3,2009 and
furnished to Respondent and was recordedfu t o, lie Records of : lit'? unty,Florida at OR 4460,PG 2924,
et.seq.on June 10,2009. 7 �,
c �
An Affidavit of Non-Comp ime as Ctt-€tled with tfie Bard by t e C e Enforcement Official on
October 26,2009,which Affidavit c.&rtif. • • • o. •-••=t • •' i ive ction has not been taken as
ordered.
Accordingly, g it having bee rtlt•. . • '+ ; 1 ion •=t : s rd nts have not complied with the
Order dated June 3,2009,it is hereby �� I /
ORDERED,that the Respon�lept colt A.Lamp,pay to ier/Cntuity nes in the amount of $900(Order
Item 2)at a rate of$100/day for the pet i o ay 19,2010 through 0(9 days). The operational costs
have been paid.
t } <�
IT IS FURTHER ORDERED that the -tura operat:,• osts shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this 2nd day of June,2010 at Collier County,Florida,and re-signed this `
day .Nunc pro tune.
,CODE ENFORCEMENT BOARD
�.
.�1 "'^�---� ,- .COLLIER CO r r► •-!I2Il�A
Ibill e Of Cain is GI', ^e ux t BY:
1 HEREBY CERTTF 1 Kenneth Kelly,Chair
Tfht3'�teas".
orreet coop,or.a au;.;tri� # 2800 North Horseshoe Drive
Board M niites;:ar =t�-�z $vi`politer:C0 st* Naples,Florida 34104
�SS rrtV: - J':y:r '4 FV
`� clay "• _ ' • ,l. - r�
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*** OR 4583 PG 2806 6/10/2014 16.A.14.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this� day of�„r 2010,by
Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is t/ personally
known to me or who has produced a Florida Driver's Luse as�onY .
' NOTARY PUBLIC
• pLURBA*+YMI My commission expires:
-$s MY coht t nii7a3539
1 ' p g;t>o ETL •1 OF SERVICE
I HEREB = — - . rue and correct copy of this aRDER h been sent by U.S.Mail to Scott A.
Lamp, 1000 Barefoot Williams Road,Naples FL 34113 this day of ,2010.
���V CO LIA. i r se 1
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Q M.Jev-Is n,Esq.
Florida :: No.750311
`�____.Amey fo the C ode Enforcement Board
237 N.Tam : i rail,Ste.208
•. , • .•' :3403
r: CO 0 '
p \ 1~
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